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(영문) 청주지방법원 2015.05.06 2014나12387
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff, as the parties, is the owner of G Dae-gu, Chungcheongnam-si (hereinafter “instant land”). On July 9, 2013, the instant land was combined with G Dae-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant is the owner of the instant building indicated on the ground attached to the instant land (hereinafter “instant building”).

B. On August 5, 2008, the defendant completed the ownership transfer registration for the instant land and building on August 5, 2008, and completed the ownership transfer registration under the name of the defendant. On November 26, 2008, the building permission for the instant building was granted, and the construction was commenced on December 1, 2008, and the registration of ownership transfer was completed on May 6, 2010.

On the other hand, with respect to the instant land, the registration of the provisional seizure for H was completed on July 18, 2008 on the basis of the provisional seizure as seen above, under Article 33921, the registration of the establishment of a neighboring agricultural cooperative in the name of Seoju-ju, the maximum debt amount of which was KRW 200 million (hereinafter “the first collateral mortgage”). On August 29, 2008, the registration of the establishment of a neighboring agricultural cooperative in the name of Seoju, the maximum debt amount of which was KRW 30387,00,000, with the receipt of the same registry office as the maximum debt amount of KRW 40387. On October 11, 2011, the provisional seizure registration for H, the Defendant’s creditor, was completed on the basis of the provisional seizure as mentioned above, and the registration of the decision to commence the compulsory commencement of auction (which was completed on March 8, 2012) was carried out.

In the above auction procedure, the land of this case was sold to the Plaintiff, and the price was paid in full, and the Plaintiff completed the registration of ownership transfer due to a compulsory auction on January 28, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, 3, and 7 (including the number of each unit), the result of a request for surveying and appraisal of the Korea Cadastral Corporation, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim.

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